Home - IVR 2024
Earth Jurisprudence: Rights and Political Participation of Nature
Convenors
Wangbae Kim (People for Earth / Yonsei University Department of Sociology, South Korea) people@peopleforearth.kr
Presenters
Taehyun Park
Dongsuk Oh
Byungjin Ahn


Our philosophical and legal discourse has predominantly centered around human existence, history, and society. Yet, a profound shift is underway, bringing forth new ontological perspectives that encompass not only humans but also artifacts, animals, plants, and diverse non-living beings. As we confront with the alarming reality of humanity wreaking havoc on Earth through unprecedented scientific advancements and a dominance over nature, there's an urgent need for ontological contemplation beyond ‘the human’. While sociologists like Ulrich Beck have labeled modern society a 'Risk Society,' the contemporary risks particularly from global warming and ecosystem destruction, pose a threat not just to human life but to the entire web of living beings. A fundamental shift in perception and practice is imperative.

In response to this imminent call of our times, Earth Jurisprudence movement is gaining momentum globally, advocating for the endowment of moral and, in some cases, legal rights not only to humans but also to nature itself. Earth Jurisprudence embodies a philosophy and methodology that grant rights to nature as an integral member of the Earth community, actively engaging nature in collective decision-making. In contrast to the conventional human-centered paradigm, this emerging philosophy envisions an Earth-centered legal and governance system, where every being on Earth possesses inherent rights. The aspiration is to confer not just moral but also legal rights to all living and non-living beings.

As the discourse and advocacy for Earth Jurisprudence grow globally, some nations are incorporating its principles within their constitutional frameworks, legal provisions, and regulations. Examples of the leading nations are some countries in South America and New Zealand. Some environmental activists in the United States are pursuing legal recognition of the rights of animals and plants through various court cases. While the Earth Law movement is growing in a number of European countries, it is also extending in other countries of different region as South Korea.

Despite the global efforts and advocacy for Earth Jurisprudence, it faces numerous challenges, including shifts in humans’ predominant perception about non-human beings, conflicts with existing environmental laws, and limitations in practical implications of Earth Jurisprudence. For instance, while some foundations, corporations, and ships have already obtained legal personality, with rights and obligations exercised through human representatives or agents, the idea of granting legal personality to nature remains novel.

Can we genuinely extend legal rights to beings beyond humans? Do trees, animals, forests, and rivers have the potential for legal personality? What are the basis for such rights, and how can they be defined and granted? Who acts on behalf of nature in exercising its rights? How can a political forum for nature's representatives be envisioned? Is a new political system and governance inclusive of animals, plants, or nature feasible?

If these questions resonate with you, we would like to extend our warm invitation for you to join this engaging and thought-provoking workshop with us. During this workshop, our presenters will engage you to actively take part and contemplate about these questions.